STATE OF MAHARASHTRA Vs. SUGRIV NARAYAN PAWAR

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties, this Review Application is heard finally at this stage.

(2.) The non applicant in this Review Application/original petitioner in Writ Petition No.4411 of 2005 had filed the aforesaid petition claiming therein that he was entitled to be paid an amount of Rs.7,60,047/- along with interest at the rate of 15 per cent per annum till realization under section 28-A of the Land Acquisition Act. The Division Bench of this Court by its judgment dated 16th August, 2006 had allowed the petition and had directed the respondents to pay the petitioner the amount of compensation as determined by the respondents under the award under section 28-A of the Act after deducting the amount which has already been paid to the petitioner, along with interest at the rate of 15 per cent per annum. The Division Bench had further directed the respondents to verify if the amount has remained unpaid and to pay the same to the petitioner within a period of four months from the date of the judgment.

(3.) The present application seeking review of the aforesaid order has been filed by the applicant/original respondents to the petition. In the Review Application it is averred that the petitioner alone was not entitled to be paid an amount of Rs.7,60,047/- as the aforesaid amount of compensation payable under the award under section 28-A of the Land Acquisition Act pertains to the petitioner and other co-owners. The other co-owners were not parties to the petition before the Division Bench. In the light of that, according to us, this application for review needs to be allowed. This Court was misled and an erroneous claim was staked by the petitioner that he was entitled to claim an amount of Rs.7,60,047/-.